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Seitz v. Department of Fire

55 A.D.2d 829, 390 N.Y.S.2d 308, 1976 N.Y. App. Div. LEXIS 15641
CourtAppellate Division of the Supreme Court of the State of New York
DecidedDecember 17, 1976
StatusPublished

This text of 55 A.D.2d 829 (Seitz v. Department of Fire) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Seitz v. Department of Fire, 55 A.D.2d 829, 390 N.Y.S.2d 308, 1976 N.Y. App. Div. LEXIS 15641 (N.Y. Ct. App. 1976).

Opinion

Judgment unanimously affirmed, with costs on opinion at Trial and Special Term, Donovan, J. Memorandum: We add that the workmen’s compensation cases relied upon by respondent are all distinguishable from the case at bar. A defendant liable for an injury runs the risk that the person whom he injures may be in such condition that the injury will be far more serious than had such person been strong and without a pre-existing condition which the accident aggravates (Poplar v Bourjois, Inc., 298 NY 62, 67-78; MacIver v Lyon, 43 AD2d 806, 807). (Appeal from judgment of Onondaga Special Term—article 78.) Present— Marsh, P. J., Mahoney, Dillon, Goldman and Witmer, JJ.

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Related

Poplar v. Bourjois, Inc.
80 N.E.2d 334 (New York Court of Appeals, 1948)
MacIver v. Lyon
43 A.D.2d 806 (Appellate Division of the Supreme Court of New York, 1973)

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Bluebook (online)
55 A.D.2d 829, 390 N.Y.S.2d 308, 1976 N.Y. App. Div. LEXIS 15641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seitz-v-department-of-fire-nyappdiv-1976.